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HomeMy WebLinkAboutMinutes 01-28-2014 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 28, 2014 The City Council of the City of Downey held a Regular Meeting at 6:30 p.m., January 28, 2014, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Vasquez presiding. PRESENT: Council Members: Fernando Vasquez Mayor Luis H. Marquez Mayor Pro Tem Roger C. Brossmer Mario A. Guerra Alex Saab ALSO PRESENT: Gilbert Lives, City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Carl Charles, Police Chief Lonnie Croom, Fire Chief Ed Norris, Deputy Director of Public Works Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Council Member Guerra. The Flag Salute was led by Council Member Brossmer. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Council Member Saab introduced Chamber of Commerce Board of Director Wood who was in the audience. He invited everyone to attend the Downey Symphony Orchestra performance of Venice, Vivaldi, and the Red Violin at the Downey Civic Theatre, February 1. He reported attending a Budget Sub - Committee meeting. He thanked Fire Chief Gillespie, the Emergency Preparedness Committee Members, and CERT volunteers for a successful Emergency Water Barrel Distribution Event. He reported attending a Keep Downey Beautiful Clean -up Event and invited everyone to their next event, February 15. He invited everyone to a ribbon cutting event for Farmers & Merchant Bank and the Columbia Memorial Space Center, Robotics Lab. He requested staff: review the current street parking on Cecilia Street adjacent to the Stonewood Center because of safety concerns expressed by the residents; review imposing a time limit on street parking and add markers guiding residents to other parking options on Downey Avenue between Firestone Boulevard and Second Street; reach out to resident Don Lamkin for art enhancement suggestions on Downey Avenue; form an Ad -hoc Committee to create a plan to spur economic development in the Southern area of the City; requested an update on the Firestone Boulevard improvement project prior, to reaching its final phase. Council Member Guerra welcomed everyone in attendance. He reported having returned from a meeting in Sacramento where water drought was the focus. He reported meeting with the Downey Historical Society, attended a Neighborhood Watch Meeting, and participated in a Downey Bicycle Coalition Event. He stated today marked the 28th anniversary of the Challenger Space Shuttle disaster. He invited everyone to attend the Community Development Open House Event, January 29. He thanked the Emergency Preparedness Committee Members, volunteers, and the Fire Department for a successful Water Barrel Distribution Event. He thanked the Chamber of Commerce and Porto's Bakery City Council Minutes — January 28, 2014 1 for hosting a Businesses event. He requested staff review a location near the Rio Hondo River for a possible community garden and to continue working towards cleaning up sidewalks, especially on Firestone Boulevard near the Post Office. Mayor Pro Tern Marquez welcomed everyone in attendance. He stated, as an Eco -Rapid Transit Board Member he is pleased to announce the release of $1.68 million to be allocated for the study of the Eco -Rapid Transit and $365,000 for Gateway Council of Government and Eco -Rapid Transit to move the corridor study and station identification project forward. He thanked City of Lakewood Council Member DuBois and Los Angeles County Supervisor Knabe for supporting the item. Mayor Vasquez welcomed Youth Commission Members, Planning Commissioner Flores and former Mayor Cartozian who were in the audience. He invited everyone to a True Lasting Connection (TLC) Event hosted by Downey High School, February 6. He reported attending an 1 -5 Joint Powers Authority Meeting and a Community Needs Assessment Seminar hosted by Kaiser Permanente. PRESENTATIONS Mayor Vasquez presented the Healthy Heart Award to Downey High School Football Coach, Jack Williams. Mayor Vasquez and Mayor Pro Tem Marquez presented a Certificate of Appointment to Miguel Duarte for his appointment to the Personnel Advisory Board for Council District 1. Mayor Vasquez and Council Member Saab presented a Certificate of Appointment to Don Lamkin for his appointment to the Public Works Committee for Council District 5. Mayor Vasquez and Council Member Brossmer presented a'Certificate of Appreciation to Nathan Sharpe and Johnny Venegas on behalf of the Light & Life Christian Fellowship- Downey, for their donation of the Veteran's Memorial Plaque. Mayor Vasquez, the City Council, City Manager Livas and APWA President Antich presented the American Public Works Association (APWA) 2013 President's Award to Ahmed Husain, Public Works Senior Civil Engineer /GIS. City Manager Lives thanked Ahmed for having saved the City money and for establishing computer programing that has allowed the public more access to information. The South East Area Animal Control Authority Executive Director Hazard and Outreach Coordinator Woodside presented to the City Council. Ms. Hazard stated SEAACA is committed to providing programs for the care of abandoned and unwanted pets to include: humane education, outreach efforts, licensing program restructuring, and the rebranding of website. She reported on some of their facilities, events and services: the care center, a veterinary division, front office, adopt - a -pet event, field service officers, and protecting wildlife. Emergency Preparedness Committee Member Molinaro presented the 2013 Year End Report. She stated the Committee: conducted an inventory of the four emergency supply bins in February; held a Water Barrel Distribution Event in March; held an Emergency Preparedness Faire in September; participated in the ARC Walk; assisted and participated in the Emergency Response Team (CERT) Basic Training Course; participate in Neighborhood Watch Meetings; Drug Take Back Event, LA County Public Health Flu Vaccination Clinic, and were present during the Street Faire; Concerts in the Park at Furman Park, National Night Out Event, and the Kids Day Event. She reported the Committee provides information from the Red Cross, Federal Emergency Management Agency (FEMA), LA County, Committee informational flyers, flyers for children, and stated the information is available in English and Spanish. Also available to the public is the Citizens Alert and the City's emergency mass notification system. City Council Minutes — January 28, 2014 2 NON - AGENDA PUBLIC COMMENT Kirk Cartozian, former Mayor, mentioned the passing of former City Planner, John Godlewski and stated he served the City well and will be missed. Krista Phipps, Southern California Gas Company's new Public Affairs Manager, introduced herself and stated she will be the new contact person for the City. Business owner (no name provided) requested improvements to the current congested parking conditions on 2nd Street. City Manager Lives stated that both Council Member Saab and Community Development Director Saeki were working on possible parking remedies for 2nd Street. The following people spoke regarding the officer - involved shooting: Jean Thaxton Jerry Yokoku Terry Ramirez Sherri (no last name provided) Terry (no last name provided) CONSENT CALENDAR. Council Member Guerra pulled Item Nos. 2, 4 and 9. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to approve the remainder of the Consent Calendar. APPROVED WARRANTS ISSUED: Warrant Nos. are 281957 - 282315; Wire Nos. 30003105- 30003115; Manual Wire Nos. 1225 -1232, in the total amount of $12,176,064.74: Finance. 3. CASH CONTRACT NO. 691 - POLICE TRAINING ROOM: ACCEPTED THE IMPROVEMENTS CONSTRUCTED APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $42,116 AND DIRECT THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. 5. AUTHORIZED THE MAYOR TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH THE PRIKL ASSOCIATION IN ORDER TO PROVIDE ARCHITECTURAL SERVICES FOR THE RIO HONDO GOLF COURSE: Parks & Recreation. 6. PARAMOUNT BOULEVARD AT FIRESTONE BOULEVARD INTERSECTION IMPROVEMENT PROJECT: Public Works. A. APPROVED AGREEMENT TO PURCHASE PROPERTY LOCATED AT 8008 FIRESTONE BOULEVARD FOR AN AMOUNT NOT TO EXCEED $52,300; and, B. ADOPTED RESOLUTION NO. 14 -7466, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN F1 DOWNEY LLC AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 8008 FIRESTONE BOULEVARD IN THE CITY OF DOWNEY. 7. ADOPTED RESOLUTION NO. 14-7467, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SALARY RANGE FOR THE POSITION OF FINANCE DIRECTOR: Human Resources. City Council Minutes — January 28, 2014 8. ADOPTED RESOLUTION NO. 14-7468, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE APPLICATION TO THE LAND AND WATER CONSERVATION GRANT FUND: Administration. OTHER BUSINESS 2. CASH CONTRACT NO. S.S. 488D — FIRESTONE BOULEVARD IMPROVEMENT PROJECT (CONCRETE IMPROVEMENTS) (OLD RIVER SCHOOL ROAD — BROOKSHIRE AVENUE): AWARDED CONTRACT IN THE AMOUNT OF $855,418.25 TO GMC ENGINEERING, INC. FOR CONCRETE IMPROVEMENTS RELATED TO THE FIRESTONE BOULEVARD IMPROVEMENT PROJECT: Public Works. Council Member Guerra stated as a member of the Sub - Committee for this project he can share some information and requested staff provide a full presentation to the Council of this $5 million project. City Manager Livas stated if it was the desire of the Council staff can provide a comprehensive presentation. He stated the original bid exceeded the amount projected therefore, staff has undertaken some of the responsibility saving the City about $400,000. The major components of the design elements will be completed towards the end of the contract and at that time information will be presented to Council for review. Currently the infrastructure portion of the project is being worked on. Council Member Saab stated the public has inquired about the project and he would like to be able to share information with them. Council Member Brossmer stated the public will be pleased with the end product and was in favor of a presentation explaining the progress the Sub - Committee has made regarding various design elements of this project. Council Member Saab stated it was reassuring to know the Sub - Committee has been an influential part of the process and looks forward to seeing the progress before nearing the end of the project. It was moved by Council Member Saab, seconded by Council Member Guerra, and unanimously carried to approve staffs recommendation and return to the Council with a presentation. 4. AUTHORIZE THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF SOUTH GATE FOR THE UPGRADING OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF PARAMOUNT BOULEVARD AT GARDENDALE STREET: Public Works. Council Member Guerra requested clarification if the City will be using state -of- the -art and energy efficient lighting in the project. City Manager Lives stated the City will be taking advantage of technology. Public Works Deputy Director Norris stated the City has taken advantage of technological advances and energy efficient products by utilizing LED lighting. Council Member Guerra asked if the turning arrow on East Firestone Boulevard and Garfield Avenue is considered LED, what the comparison is to what the City will be installing on Paramount Boulevard at Gardendale Street and if that type of lighting will be used on this project. Public Works Deputy Director Norris stated on that specific intersection because there are turning restrictions the lighting used is different. Such a unique situation does not exist on this corner therefore, that special lighting is not part of this project. Council Member Guerra requested price comparisons and stated if cost is not a factor he would like to have the same lighting that is currently being used on Firestone Boulevard and Garfield Avenue on this project. City Council Minutes — January 28, 2014 4 Public Works Deputy Director Norris stated the lighting suggest by Council Member Guerra is not required on this intersection. There are no safety components at this intersection that warrant it. Council Member Brossmer stated Council Member Guerra's request was clearly only for aesthetic reasons because data concerning safety was not gathered. The Council will have to decide if moving forward, this new lighting suggestion will be used on all new projects. Council Member Guerra stated a brighter light signifies to him higher safety and even though there is no data to consider at this time. The light would be installed on a main entrance to the City near a High School and it would be a safer option to go with the LED light. City Attorney Abich Garcia asked if this proposed lighting change would require an amendment to the current contract with the City of South Gate. She recommended making the appropriate change and clearly stating in the agreement the change and give the City of South Gate an opportunity to review it and then return the amended contract to Council for approval. Mayor Pro Tem Marquez stated when the item is brought back to the Council he would like to see the price difference of the two light systems. It was moved by Council Member Guerra, seconded by Council Member Saab, and carried unanimously, to continue this item to the meeting of February 11, with direction to staff to add language to the original agreement to include the proposed lighting technology and return to the Council with price comparisons of both lighting systems. 9. ADOPTED RESOLUTIONS PERTAINING TO THE BALLOT MEASURE TO AMEND ARTICLE VII, SECTION 702, ADMINISTRATIVE FUNCTIONS OF THE DOWNEY CITY CHARTER, FOR SUBMISSION TO THE VOTERS AT THE STATEWIDE PRIMARY ELECTION ON TUESDAY, JUNE 3, 2014 AND APPROPRIATE $151,000 FROM THE GENERAL FUND RESERVE FOR ASSOCIATED ELECTION COSTS: City Clerk. A. ADOPTED RESOLUTION NO. 14 -7469, A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE TO CONSIDER THE ADOPTION OF A CHARTER AMENDMENT AND SUBMITTING THE PROPOSED TEXT, BALLOT LABEL AND CITY ATTORNEY'S IMPARTIAL ANALYSIS FOR SUCH PROPOSED CHARTER AMENDMENT; and, B. ADOPTED RESOLUTION NO. 14 -7470, A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY, CALIFORNIA CONFIRMING THAT PURSUANT TO ELECTIONS CODE SECTION 9285 THE CITY OF DOWNEY FOLLOWS THE ELECTION CODE PRIORITIES AND PROCEDURES FOR BALLOT ARGUMENTS CONCERNING BALLOT MEASURES IN THE CITY OF DOWNEY AND REFERS ALL SUCH MEASURES TO THE CITY ATTORNEY FOR PREPARATION OF AN IMPARTIAL ANALYSIS PURSUANT TO ELECTION CODE SECTION 9280. Council Member Guerra asked how much the City has paid in legal fees thus far, on this item City Manager Lives stated an aggregated amount to include legal feels and staff time exceeds $150,000. If this item passes tonight, it would be an additional $151,000 bringing the total to an excess of $300,000. Council Member Guerra stated the funds that will be used to change the City's Charter takes away from the residents the right to vote on their Police and Fire and to place the item on the ballot, will come from the City's General Fund. He stated being proud of the City's Fire and Police Departments. City Council Minutes — January 28, 2014 Council Member Brossmer stated spending $150,000 on an election that will take a decision away from the people and give it to the Council is a waste of money. Council Member Saab stated it is unfortunate the residents have to pay this amount to lose the ability to decide which services the City will have. This process has become personal for employees in leadership positions that have dedicated there life to this community. Mayor Vasquez stated the residents stand to lose over $300,000 in this process. He stated being proud of the City's Fire and Police Departments which are the envy of other cities. He is disappointed that this item has attacked employees character. City Attorney Abich Garcia stated this item requires two actions be taken to formalize the decision made last June which is to have this election consolidated with the June 3, 2014 Statewide Primary Election. The first Resolution is a formalization asking the County to consolidate this election with the Statewide Primary Election. That Resolution has two components. The first is the ballot label and includes the ballot question that is put on the ballot and the one the voters read at their polling place when they decide to vote yes or no. Attached to the Resolution is Exhibit A which is the actual language of the Charter Amendment that is being proposed by the ballot measure proponent. Attachment B is the City Attorney's impartial analysis which explains to the voters how this proposed Charter Amended will impact or change the existing City Charter. She stated this afternoon she received a letter from the Fire Union attorney who has proposed changes to the impartial analysis. After reviewing the proposed changes and the current existing language she is proposing a small change to Attachment B Item No.4. The language currently reads, "if the amendment is adopted under the amended Charter, the City Council would have the sole discretion to decide how to furnish fire and police services." The change is to delete the word sole and replace with, "without prior voter approval." Council Member Guerra asked why the Fire Union attorney is concerned with the current wording. City Attorney Abich Garcia stated she responded to the Fire Union attorney by mail this afternoon. Their proposed language change to the ballot question would confuse the voter and was not accurate. The point of the ballot label is to have simple language that the voter will understand and she does not recommend language that would dilute what is being asked the voter to vote on. This ballot question before the Council is simple and straight forward. The proposed language on the impartial analysis that is being proposed by the proponent is outside the scope of the impartial analysis of the City Attorney This is why she rejected the Fire Union's proposed language. The City was asked to put language that is covered under the election information, which includes that the voter has the right to referendum and amend the Charter further if they wanted to. She rejected the proposal by the Fire Union because the impartial analysis of the City Attorney addresses the impact the amendment has on the existing language. She requested the Resolution be adopted tonight with the change to the wording on the impartial analysis. Council Member Saab asked why the word sole has to be replaced with, without prior voter approval. City Attorney Abich Garcia stated she changed the language in order to be more clear and consistent. The language, without voter approval, has been used throughout this process and has not previously been challenged by the Fire Union. She clarified that the title ballot and summaries sole function is to provide a tittle to the ballot measure and a summary of the measure so that it can be printed on the petition for people to read. It does not go to the voter or in the voter pamphlet or ballot. She stated it was too late to challenge the language now because it would disqualify their entire petition with signatures. Council Member Saab asked what would happen if the first Resolution was not passed. City Attorney Abich Garcia stated the City would have to hold a stand -alone election that would be more costly and require significant staff time. The second Resolution allows for the receiving of ballot arguments and directs the City Attorney to issue an analysis. City Council Minutes — January 28, 2014 Mayor Vasquez invited the public to speak on this item. Having no one come forward he closed public comment. It was moved by Council Member Saab, seconded by Council Member Brossmer, and unanimously carried to approve the Resolution, including Exhibit A, as amended. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to approve the Resolution. ADMINISTRATIVE REPORTS: None STAFF MEMBER COMMENTS City Manager Livas had no comments. ADJOURNMENT: at 8:51 p.m. to Tuesday, February 11, 2014, at 5:30 p.m., in memory of Joseph Molnar, father of longtime Downey resident Elizabeth Sipos; the anniversaries of the Apollo 1 Space Shuttle Crew (January 27); Challenger Space Shuttle Crew (January 28); and, Columbia Space Shuttle Crew (February 1); and the servicemen who perished this past week during Operation Enduring Freedom: Sgt. Daniel Lee, 28, Crossville, Tenn.; Chief Warrant Officer Andrew McAdams, 27, Cheyenne, Wyo;, Sgt. Drew SccoAbiie,, 25, Kailua, Hawaii; Spa -Andrew Sipple, 22, Cary, N.C. a't LILE , VV" ADRIA M. JIMENEZ, MC FEIRNAKDO VASGILIEZ City Clerk Mayor City Council Minutes — January 28, 2014